Open Access. Powered by Scholars. Published by Universities.®

Litigation Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 4711 - 4740 of 6932

Full-Text Articles in Litigation

The Jury Poll And A Dissenting Juror: When A Juror In A Criminal Trial Disavows Their Verdict In Open Court, 35 J. Marshall L. Rev. 45 (2001), Karl Moltzen Jan 2001

The Jury Poll And A Dissenting Juror: When A Juror In A Criminal Trial Disavows Their Verdict In Open Court, 35 J. Marshall L. Rev. 45 (2001), Karl Moltzen

UIC Law Review

No abstract provided.


Table Of Contents, Jtaa Editors Jan 2001

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


A Pig's Breakfast: Judicial Gatekeeping For Scientific And Specialized Expert Testimony, Jason G. Duncan Jan 2001

A Pig's Breakfast: Judicial Gatekeeping For Scientific And Specialized Expert Testimony, Jason G. Duncan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Question Of Reasonableness In Massachusetts Public School Searches, Kevin V. Maltby Jan 2001

The Question Of Reasonableness In Massachusetts Public School Searches, Kevin V. Maltby

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton Jan 2001

Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton

Michigan Journal of Gender & Law

This article argues that perpetrators of sexual misconduct should not be granted refuge from the potential consequences of their actions by mere affiliation with a religious institution. Part I of this article examines the theories of malpractice and breach of fiduciary duty, and determines the appropriate cause of action for sexual misconduct and ascertains their capacities to withstand First Amendment scrutiny. Determining the cause of action is essential to the evaluation of the potential constitutional challenges. Part II demonstrates that sexual misconduct by clergy is well outside First Amendment constraints. It examines both the Free Exercise and Establishment Clauses, and …


Character Evidence, Paul C. Giannelli Jan 2001

Character Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


“Other Acts” Evidence: Part Ii, Paul C. Giannelli Jan 2001

“Other Acts” Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli Jan 2001

Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko Jan 2001

Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko

Scholarly Works

The Employee Retirement Income Security Act of 1974 was enacted in the wake of highly publicized pension disasters in order to protect employee pension rights. Born as a piece of pro-worker legislation, it initially was criticized by business groups as a cause of bureaucratic arteriosclerosis that was worse than the disease of pension failures. Even worse, it prompted many employers to consider dispensing with pension plans altogether rather than struggle with the administrative and financial obligations of ERISA. Business, labor, and the public all complained about the law's complexity. It even became something of a national joke as regulators took …


Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel Jan 2001

Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel

Scholarly Works

In April 2000 the United States Supreme Court promulgated a package of Proposed Amendments to the Federal Rules of Civil Procedure that took effect on December 1, 2000, without Congressional intervention. As one commentator observed, “(a)ll of (the proposed amendments) promise to have a significant effect on discovery practice.” One Proposed Amendment--narrowing the scope of discovery available pursuant to Rule 26(b)(1)--was particularly controversial before both the Advisory Committee, the Standing Committee, and the Judicial Conference. Nonetheless, the Proposed Amended Rule narrowing scope proceeded from the Court to finality with no intervention by Congress. Proponents of the change minimized criticism by …


Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery "Reform", Jeffrey W. Stempel Jan 2001

Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery "Reform", Jeffrey W. Stempel

Scholarly Works

One need not be a charter member of the Critical Legal Studies Movement (“CLS”) to see a few fundamental contradictions in litigation practice in the United States. A prominent philosophical tenet of the CLS movement is that law and society are gripped by a “fundamental contradiction” and simultaneously seek to embrace contradictory objectives. Civil litigation, particularly discovery, is no exception: New amendments to the discovery rules are the latest example of this contradiction. Although the new changes are not drastic, they continue the post-1976 pattern of making discovery the convenient scapegoat for generalized complaints about the dispute resolution system. One …


Recent Case Developments, Jeffrey W. Stempel Jan 2001

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 2000 and 2001.


Recent Case Developments, Jeffrey W. Stempel Jan 2001

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 2000 and 2001.


Thou Shall Not Strike: Religion-Based Peremptory Challenges Under The Washington State Constitution, Justin Dolan Jan 2001

Thou Shall Not Strike: Religion-Based Peremptory Challenges Under The Washington State Constitution, Justin Dolan

Seattle University Law Review

This Comment will first define the peremptory challenge and discuss its history and normative values. It will then examine the United States Supreme Court's treatment of the peremptory challenge, focusing on how the peremptory challenge has changed from a litigation device that lawyers could exercise without explanation to one that at times requires an explanation for it to survive constitutional challenge. Next, this Comment will discuss state courts' independent interpretation of fundamental rights, Washington courts' decisions in harmony with this principle, and State v. Gunwall, the guide to independent constitutional interpretation in Washington. This Comment will show that under …


Guerillas In The Midst: The Dangers Of Unchecked Police Powers Through The Use Of Law Enforcement Checkpoints, Theresa A. O'Loughlin Jan 2001

Guerillas In The Midst: The Dangers Of Unchecked Police Powers Through The Use Of Law Enforcement Checkpoints, Theresa A. O'Loughlin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Purchasing While Black: How Courts Condone Discrimination In The Marketplace, Matt Graves Jan 2001

Purchasing While Black: How Courts Condone Discrimination In The Marketplace, Matt Graves

Michigan Journal of Race and Law

Given the sweeping language of § 1981 and 1982, it cannot be that sellers of goods can engage in intentional discrimination, so long as they make relatively minor attempts to cover it up. By exploring the interaction between substantive law, procedural law, legal culture, and real-world context, Graves seeks to demonstrate that judges cannot offer any legal or practical justification for heightened pleading requirements in § 1981 and 1982 actions. Through this argument, a conclusion is reached that § 1981 and 1982 plaintiffs must be given the same opportunity to litigate their claims that virtually all other plaintiffs are given. …


The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner Jan 2001

The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.


Administrative Pitfalls Of Litigating Under The Florida Civil Rights Act, Kenneth M. Curtin Jan 2001

Administrative Pitfalls Of Litigating Under The Florida Civil Rights Act, Kenneth M. Curtin

St. Thomas Law Review

Under the common law in Florida, an employee hired for an indefinite period of time was considered an employee-at-will and either party could terminate the employment at any time and for any reason without incurring liability. The Florida Civil Rights Act of 19922 ("FCRA") modified the common law in that, the FCRA created a cause of action for unlawful termination. The FCRA was patterned after Title VII of the Federal Civil Rights Acts of 1964 and 1991, as well as the Age Discrimination in Employment Act.' Nevertheless, differences abound between federal legislation and the FCRA, especially in regards to administrative …


Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod Jan 2001

Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod

Faculty Publications

This article discusses relevant changes in Florida probate and trust statutes and regulations through mid-2001, updating a prior survey published in 1998. The article highlights and summarizes, some aspects of the elective share provisions and other legislative changes to the Florida Probate Code and Trust Administration Statutes. Amendments to the Florida Probate Rules are also highlighted. Lastly, the article highlights some significant cases decided during mid-2001 that affected this area of the law.


Removal From State Court Under The Fsia: Escape Hatch Or Booby Trap, Charles H. Brower Ii Jan 2001

Removal From State Court Under The Fsia: Escape Hatch Or Booby Trap, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.


Health Care Ethics Experts In Canadian Courts, Jocelyn Downie Jan 2001

Health Care Ethics Experts In Canadian Courts, Jocelyn Downie

Articles, Book Chapters, & Popular Press

In this paper, I will first describe the traditional approach to the use of experts in Canadian courts. Then I will consider whether, on this approach, health care ethics experts should be permitted to testify in Canadian courts. I will argue that they should be permitted to testify but caution should be exercised by the courts, the parties, and the experts themselves. The objective of the paper is to highlight the strengths and raise some concerns about the weaknesses of a practice that appears to be growing, so that the potential harmful consequences might be anticipated, problems with the practice …


In Re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting From The Interpretation Of The Private Securities Litigation Reform Act's Pleading Standard., Adam C. Pritchard, Marilyn F. Johnson, Karen K. Nelson Jan 2001

In Re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting From The Interpretation Of The Private Securities Litigation Reform Act's Pleading Standard., Adam C. Pritchard, Marilyn F. Johnson, Karen K. Nelson

Articles

This Article presents an empirical study of changes in shareholder wealth resulting from the Ninth Circuit Court of Appeals decision in In re Silicon Graphics Inc. Securities Litigation, which interpreted the pleading provision established in the Private Securities Litigation Reform Act of 1995 (the "Reform Act"). Congress passed the Reform Act as part of an ongoing effort to protect corporations from abusive suits alleging "fraud by hindsight." In such suits, plaintiffs claimed that a sudden drop in a company's stock price was evidence that the issuer and its management covered up the bad news that led to the price drop. …


Evidence: 1999-2000 Survey Of New York Law, Faust Rossi Jan 2001

Evidence: 1999-2000 Survey Of New York Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.


Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan Jan 2001

Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This article suggests that, as an antidote to the ever-tightening restrictions on individual environmental standing, a state may charter a not-for-profit corporation organized to protect a particular environmental resource, giving the corporation a non-exclusive portion of the State's interest in enforcing applicable environmental protections. The dichotomy between not-for-profit organizations that may litigate only as the representative of individual members' interests, and business corporations that assert their own direct economic interests, may seem natural to our late-twentieth-century sensibility, but is not founded in original intent. The framers of Article III, which grants jurisdiction over “cases and controversies” to the federal courts, …


Globalization And Cross-Border Litigation,, Mary Kay Kane Jan 2001

Globalization And Cross-Border Litigation,, Mary Kay Kane

Faculty Scholarship

No abstract provided.


Joseph Henry Lumpkin Inn Of Court Team Members 2001-2002, Kellie Casey Monk Jan 2001

Joseph Henry Lumpkin Inn Of Court Team Members 2001-2002, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.


Masthead, Jtaa Editors Jan 2001

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor's Note, Jason G. Duncan Jan 2001

Editor's Note, Jason G. Duncan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Mandatory Rent Escrowing: Putting The Summary Back In Summary Process, Christopher Paul Ferragamo Jan 2001

Mandatory Rent Escrowing: Putting The Summary Back In Summary Process, Christopher Paul Ferragamo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


A Question Of Intent: The Massachusetts Abuse Protection Order And The Innocent Doer Of Harm, Kostantinos Sofronas Jan 2001

A Question Of Intent: The Massachusetts Abuse Protection Order And The Innocent Doer Of Harm, Kostantinos Sofronas

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.